the time it was committed. 63. This provision is a general prohibition on retroactivity. It is to ensure that, citizens at all times are fully aware of the state of the law under which they are living. The Economic Crimes (Specified Offences) Decree of 25th November 1994, which was deemed to have come into force in July 1994, is therefore, a serious violation of this right. 64. Article 9 of the Charter reads: 1. 2. Every individual shall have the right to receive information. 3. Every individual shall have the right to express and disseminate his opinion within the law. 65. The government did not provide any defence to the allegations of arrests, detentions, expulsions and intimidation of journalists, made by the Complainant. The intimidation and arrest or detention of journalists for articles published and questions asked deprives not only the journalists of their rights to freely express and disseminate their opinions, but also the public, of the right to information. This action is clearly a breach of the provisions of Article 9 of the Charter. 66. The Complainant alleges that political parties have been banned, and that an Independent Member of Parliament and his supporters were arrested for planning a peaceful demonstration. In addition, Ministers and Members of Parliament in the former regime have been banned from taking part in any political activity and some of them restricted from traveling out of the country; with a maximum sentence of three years for any default. 67. The imposition of the ban on former Ministers and Members of Parliament is in contravention of their rights to participate freely in the government of their country provided for under Article 13(1) of the Charter. Article 13(1) reads: Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 68. Also, the banning of political parties is a violation of the Complainants' rights to freedom of association guaranteed under Article 10(1) of the Charter. In its decision on communication 101/93, the Commission stated a general principle on this right, to the effect that "competent authorities should not enact provisions which limit the exercise of this freedom. The competent authorities should not override constitutional provisions or undermine fundamental rights guaranteed by the constitution and international human rights standards". And more importantly, the Commission in its Resolution on the Right to Freedom of Association had also reiterated that: "The regulation of the exercise of the right to freedom of association should be consistent with States' obligations under the African Charter on Human and Peoples' Rights". This principle does not apply to freedom of association alone but to all other rights and freedoms enshrined in the Charter, including, the right to freedom of assembly. Article 10(1) provides: Every individual shall have the right to free association provided that he abides by the law. 69. The Commission also finds the ban an encroachment on the right to freedom of assembly guaranteed by Article 11 of the Charter. Article 11 reads: Every individual shall have the right to assemble freely with others 70. The restrictions to travel placed on the former Ministers and Members of Parliament is also a violation of their right to freedom of movement and the right of ingress and egress provided for under Article 12 of the Charter. Article 12 provides: (1) Every individual shall have the right to freedom of movement and residence within the borders of a state provided he abides by the law. (2) Every individual shall have the right to leave any country, including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 71. Section 62 of the Gambian Constitution of 1970 provides for elections based on universal suffrage, and Section 85(4) made it mandatory for elections to be held within at most five years. Since independence in 1965, The Gambia has always had a plurality of parties participating in elections. This was temporarily halted in 1994 when the military seized power. 72. The Complainant alleges that the right of Gambian people to self-determination has been violated. He claims that the policy that the people freely choose to determine their political status, since independence has been "hijacked" by the military. That the military has imposed itself on the people. 6